United States Supreme Court Cases & Opinions

U.S. Supreme Court

Susquehanna Boom Co. v. West Branch Boom Co., 110 U.S. 57 (1884)

Susquehanna Boom Company v. West Branch Boom Company

Submitted December 10, 1883

Decided January 7, 1884

110 U.S. 57

Syllabus

Where the federal question insisted on in this Court respecting a contract between a state and a corporation in the grant of franchises by the former to the latter was not raised at the trial in the state court, or where it does not appear unmistakably that the state court either knew or ought to have known prior to its judgment that the judgment, when rendered, would necessarily involve that question, this Court cannot take jurisdiction of the case for the purpose of reviewing the judgment of the state court. It is not sufficient that the question was raised after judgment on a motion for a rehearing. Brown v. Colorado, 106 U. S. 95, cited and approved.

Motion to dismiss a cause brought here from a state court by writ of error on the ground that the federal question was not raised in the court below.